Technical Working Party for Agricultural Crops. Forty-Seventh Session Naivasha, Kenya, May 21 to 25, 2018 REPORT ON DEVELOPMENTS IN UPOV

Transcription

1 International Union for the Protection of New Varieties of Plants E Technical Working Party for Agricultural Crops Forty-Seventh Session Naivasha, Kenya, May 21 to 25, 2018 Original: English Date: May 23, 2018 REPORT ON DEVELOPMENTS IN UPOV Document prepared by the Office of the Union Disclaimer: this document does not represent UPOV policies or guidance The Annex to this document contains a copy of a presentation Reports on developments within UPOV to be made by the Office of the Union at the forty-seventy session of the Technical Working Party for Agricultural Crops (TWA). [Annex follows]

2 ANNEX Preview Membership & statistics Topics for discussion in CAJ (October 2018) EDV Propagating material Provisional protection Minimum distance Communicating the benefits of UPOV 2 MEMBERSHIP OF UPOV 75 members New member Bosnia and Herzegovina October 10, 2017* * Bosnia and Herzegovina will become bound to the 1991 Act on November 10,

3 Annex, page 2 UPOV Membership 1991 Act: 57 members Other Acts: 18 members The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory SITUATION in UPOV Examination of Laws Council session Advice Brunei Darussalam October 26, 2017 Positive Guatemala October 26, 2017 Positive Myanmar October 26, 2017 Positive 5

4 Annex, page 3 6 Previous Council decisions State/Organization Date of latest Council decision Decision matter Islamic Republic of Iran October 2015 Law Decision Egypt March 2015 Draft Law Positive ARIPO April 2014 Draft Protocol* Positive Ghana October 2013 Draft Law Positive Tajikistan October 2010 Draft Law Positive Guatemala October 2009 Draft Law* Positive India April 2008 Procedure Zimbabwe April 2008 Law* Positive Philippines March 2007 Law Malaysia April 2005 Law Mauritius October 2004 Draft Law* Positive Armenia April 2004 Law* Positive Honduras April 2000 Draft Law Positive Kazakhstan April 2000 Law* Positive Venezuela (Bolivarian Republic of) April 1998 Draft Regulations Positive 7

5 Annex, page 4 New contacts UPOV status April 13, 2018 Liechtenstein Mongolia Jamaica Afghanistan Nigeria The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory Members of UPOV (75) covering 94 States Initiating States (16) and Organization (1) States (26) and Organization (1) in contact with the UPOV Office 8 Top 10: UPOV members by number of applications Rank Numberof Numberof Member applications Member applications Member Numberof applications 1 European Union 2'968 European Union 3'111 European Union 3'299 2 United States of America 3 Japan 1'406 1'485 China 3 2'342 China 2'923 United States of America 1 1'634 United States of America 1'604 4 Russian Federation 885 Ukraine 3 1'075 Ukraine 1'274 5 China 877 Japan Japan Netherlands 846 Netherlands Ukraine Republic of Korea 527 Republic of Korea Russian Federation 1 4 Republic of Korea Netherlands Russian Federation Canada 430 Australia Australia Australia 336 Brazil Brazil 326 9

6 Annex, page 5 Top 20: Country of residence of applicants (2016) Applications filed as: Country of Rank Resident residence of breeder CPVO Resident Total (EU member States) Non-resident Total 1 Netherlands 674 1'281 1'955 1'174 3'129 2 China 2' ' '720 3 United States of America '223 2'035 4 France '050 5 Germany Republic of Korea Japan Russian Federation Ukraine Australia Switzerland Brazil Denmark Argentina United Kingdom Spain Italy Israel Czech Republic Viet Nam Sum of top 20 7'577 2'503 10'080 4'929 15'009 Others '446 Total 8'326 2'621 10'947 5'508 16'455 Top 20: Country of residence of applicants Rank Residence App. # Residence App. # Residence App. # 1 Netherlands 2'600 Netherlands 2'720 Netherlands 3'129 2 United States of America 1'764 China 3 2'100 China 2'720 3 Germany 1'336 United States of America 1 2'027 United States of America 2'035 4 Japan 1'283 France 3 1'038 France 1'050 5 China 818 Germany Germany Russian Federation 777 Japan Republic of Korea France 621 Republic of Korea Japan Republic of Korea 388 Russian Federation Russian Federation Ukraine 318 Ukraine 412 Ukraine Australia 314 Australia 368 Australia United Kingdom 253 Switzerland Switzerland Argentina 243 Spain Brazil Denmark 225 Argentina Denmark Italy 193 Brazil Argentina Spain 181 United Kingdom United Kingdom Switzerland 178 Denmark Spain New Zealand 176 Israel Italy Israel 174 Italy Israel South Africa 144 New Zealand Czech Republic Brazil 121 Canada Viet Nam 2 162

7 Annex, page 6 Preview Membership & statistics Topics for discussion in CAJ (October 2018) EDV Propagating material Provisional protection Minimum distance Communicating the benefits of UPOV 12 Reference Explanatory Notes on: Timetable UPOV/EXN/EDV/2 (revision) Essentially Derived Varieties Adopted by Council in April 2017 Administrative and Legal Committee (CAJ): October 31, 2018 members and observers to share their perspectives on : Essentially Derived Varieties (i) essential characteristics (ii) predominantly derived (iii) indirect derivation, including in relation to parent lines and hybrids (iv) assessment of essentially derived varieties 13

8 Annex, page 7 Reference Explanatory Notes on: Timetable UPOV/EXN/PPM/1 Propagating Material Adopted by Council in April 2017 Administrative and Legal Committee (CAJ): October 31, 2018 members and observers to share their perspectives on : (b) Conditions and Limitations Concerning the Breeder s Authorization in Respect of Propagating Material - suitable examples of conditions and limitations 14 Reference Explanatory Notes on: Timetable UPOV/EXN/PRP/2 (revision) Provisional Protection Adopted by Council in October 2015 Administrative and Legal Committee (CAJ): October 31, 2018 members and observers to share their perspectives on : (c) Scope of Provisional Protection 15

9 Annex, page 8 Preview Membership & statistics Topics for discussion in CAJ (October 2018) EDV Propagating material Provisional protection Minimum distance Communicating the benefits of UPOV 16 TECHNICAL COMMITTEE October 29 and 30, 2018, Geneva Discussion on: minimum distance between varieties Administrative and Legal Committee (CAJ): October 31, 2018 Program In response to a suggestion by CIOPORA and AIPH for the CAJ to consider the matter of minimum distance, the CAJ agreed to invite CIOPORA and AIPH to make a joint presentation on minimum distance at its seventy-fifth session. The CAJ noted that the matter was under consideration by the TC and that a report on the conclusions of the TC would be provided under agenda item 3 Report on developments in the Technical Committee at the seventy-fifth session of the CAJ. 17

10 Annex, page 9 Technical Working Party for Agricultural Crops (TWA) May 21 to 25, 2018, Naivasha, Kenya Minimum distance between varieties (document by the European Union) Technical Working Party for Vegetables (TWV) September 17 to 21, 2018, Beijing, China No discussion on minimum distance Technical Working Party for Fruit Crops (TWF) November 19 to 23, 2018, Santiago de Chile, Chile No discussion on minimum distance Technical Working Party for Ornamental Plants and Forest Trees (TWO) February 18 to 22, 2019, Christchurch, New Zealand Minimum distances between vegetatively reproduced ornamental and fruit varieties (documents invited) 18 Preview Membership & statistics Topics for discussion in CAJ (October 2018) EDV Propagating material Provisional protection Minimum distance Communicating the benefits of UPOV 19

11 Annex, page 10 STUDY in VIET NAM* Annual land productivity developments since Viet Nam joined UPOV in 2006 in Rice, Corn (maize) and Sweet Potatoes : increase in yield mainly through increased level of inputs no detectable increase due to plant breeding : annualland productivity increase due to plant breeding Rice 1.7 % Corn 2.1 % Sweet potatoes 3.1 % * The socio-economic benefits of UPOV membership in Viet Nam; An ex post assessment on plant breeding and agricultural productivity after 10 years (Corresponding author: Steffen Noleppa) by HFFA Research GmbH 21

12 Annex, page 11 STUDY in VIET NAM Without those developments since 2006, current annual yields in Viet Nam would be lower by: Rice Corn Sweet potatoes 16 % 19 % 27 % 22 STUDY in VIET NAM INCOME of Vietnamese farmers has increased by 24% since

13 Annex, page 12 STUDY in VIET NAM Annual value added: Arable farming $2.3 billion Horticulture $1.0 billion Floriculture $ 0.2 billion GDP added upstream/downstream (value chains) $1.5 billion TOTAL ADDED: $5 billion (> 2.5% GDP) 24 Subtitles available in French and Spanish! 25

14 Annex, page Using the UPOV System to benefit custodians of native wild germplasm in Argentina The royalties derived from commercialization of the variety are shared between the breeder and the provinces that contributed the native plant genetic resource.

15 Annex, page 14 Using the UPOV System to benefit custodians of native wild germplasm in Argentina A large part of the profits, basically, 50 per cent, that are generated from the commercialization return to those provinces. Using the UPOV System to benefit custodians of native wild germplasm in Argentina the erosion/loss from their natural habitat is reduced and this is therefore our own contribution, working together with INTA, for the conservation of our native natural resources.

16 Annex, page [End of Annex and of document]